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WORLD ANTHROPOLOGICAL UNION

CONGRESS 2024​

Paper

ICT AND XEER LAW: TRANSNATIONAL BUSINESS DISPUTE MEDIATION AMONG THE SOMALI COMMUNITIES IN SOUTH AFRICA

presenters

    ABDULLAHI ALI HASSAN

    Nationality: Somalia

    Residence: South Africa

    University of Johannesburg

    Presence:Face to Face/ On Site

Keywords:

Xeer law, elders, Somali, transnational mediation, new technology

Abstract:

This study examines how Information and Communication Technology (ICT) has been changing the ways in which business disputes are resolved among the Somali migrant communities in South Africa with xeer law (Somali customary law). Xeer is socio- legal system of logics which kept social order among Somalis for centuries (Accord 2017; Samatar; 1992; and Stremlau 2012). And it became entrenched during the period of statelessness in Somali after the collapse of Siad Barre’s regime in 1991 (Abdile 2012) as the main legal mechanism for justice and order (Stremlau and Osman 2015). Usually, Somali elders in Somalia (odayaasha or xeerbeegtida) gather under a tree which is for them a neutral space and a courtroom and mediate disputants with xeer law (Mansur 2011). It explores how online communication platforms (such as WhatsApp, Facebook and Zoom) are engaging, altering, and/or complementing this tradition by serving as virtual trees for digitally connected Somali diaspora. ICTs have been examined in earlier studies as platforms for migrants to maintain social connections with their communities of origin (Komito 2011) as well as to participate in political discourses on their homelands (Gagliardone and Stremlau 2011). When it comes to examining Somalis transnationally, some research has explored how Somalis who migrated to different parts of the world after the collapse of the Somali state maintained their cultural, religious and economic linkages across borders (Kliest 2008). But one aspect that has been missing in this, is how the relatively low cost of connecting on online media communication platforms made xeer transnational by enabling the Somali diaspora to utilise it as a tool for justice. I will address this significant gap in the literature by exploring how these new communication technologies are changing the entire process of justice- from evidence gathering to prosecution and compensation or punishment. The Somali communities in Johannesburg, South Africa use online communication spaces such as Facebook, WhatsApp and Zoom to mediate transnational business and family disputes with xeer law. However, this phenomenon and the subsequent Somali migrant legal transnationalism and their underlining logics and patterns have not been studied. To address the gap, this project will investigate how these platforms have been transnationalising the scope of justice seeking among the Somali diaspora in South Africa and both leveraging and shaping, xeer law and its logics. This will involve the evaluation of the role of these online tools and the relevance and resilience of xeer in transnational justice. The practices in the transnational xeer, including the usage of legal precedents, the calculation of financial compensation to compensate victims, types of disputes and actors among Somalis in Johannesburg and Cape Town will be documented and analysed. The project will develop through ethnographic and explanatory qualitative approach. This will consist of in-depth interviews with fifty Somali elders and disputants in Johannesburg and Cape Town, and also elders in Mogadishu, Somalia who digitally engage mediation of transnational business issues through xeer. By doing so, the study will contribute to diverse disciplines including communication and media studies, migrant transnationalism and transnational law in socio-legal studies. It will open up to novel insights - a new scholarly enquiry that is empirically and theoretically sound and interesting to scholars in these fields.